@EVRI 2 Laptop Parcels lost - Court Claim Issued

[BankFodder]

13 minutes ago, hasfar said:

Hi,

EVRi did not turn up to court.

I am still awaiting letter from the court regarding this. I am going to get in contact with them next week.

I will email you with further information.

Thanks

if you are referring to contacting EVRi next week – I would suggest that you leave it until you get a copy of the court judgement. The court has given them 21 days to pay. I would allow this time to elapse. Our previous experiences that they are pretty good at paying quickly but if by chance they don't pay then I would suggest that you put High Court enforcement officers in for a very quick and dramatic enforcement.

We will help you do this. It will cost you about £60 but you will get the money back.

[hasfar]

Thanks for confirming the email.

So, I am going off my memory and a few notes I had written down.

The judge mainly asked questions around:

1. What legal argument I was referring to (Third Party Rights Act 1999), and if I had made this clear to EVRi prior to the claim?
2. She looked into the value of the claim of every item of cost incurred to myself, and I think I justified that the costs were incurred due to their negligence.
   1. This included showing when the shipping was ordered and its cost, as well as the potential sales I would have received if the parcels were not lost.
   2. The tracking of the items.
   3. The return cost incurred to myself.
   4. Postage cost for sending a Letter Before Claim (LBC) - after they refused responsibility.
3. She asked how I ordered the shipping - did I choose EVRi from a list of vendors?
   1. I showed a screenshot of the P2G ordering process where EVRi competes for a low cost and quick delivery times.
4. How did mediation go between me and EVRi? We discussed:
   1. Email correspondence.
   2. Initial compensation offered.
   3. EVRi not turning up to the mediation service.
5. We briefly discussed the insurance - why did I take the insurance on one parcel and not the other.
   1. I responded with the fact that the international parcel had insurance, but I believed the other parcel, which was to be sent from London to London, didn't need insurance.
   2. I also highlighted previous judgments made about the unfairness of insurance liability.
6. We then went through EVRI's evidence bundle - specifically the T&C's of Parcel2Go.
   1. I stated that the terms did not specifically limit liability to the Contract 1999 Act.
7. The only other thing we discussed was the Letter before Claim I sent to P2G. She asked why I sent a LBC to P2G.
   1. I explained that during this time I was frustrated and unsure how to take legal proceedings.
   2. Additionally, I believed sending the letter before claim to P2G would help them confirm the whereabouts of my parcel, as they were adamant it would get back to me (after being in transit for 4-5 months).
   3. I justified that I only took legal proceedings against EVRi in the end because they were my chosen carrier in both cases. I also explained that it took issuing a claim against EVRi to confirm that the parcel was lost and then P2G gave me my insurance claim.

The summary of the judgment points were:

1. EVRI initially did not believe that I had a direct contract with them, and thus, I had wrongly claimed against the wrong party.
2. The judge agreed that the Third Party Act is enforceable, and therefore, it is EVRI's responsibility to pay the claim.
   1. EVRi can claim against Parcel2Go for any cost incurred, but as I am the consumer, they cannot limit liability to myself.
3. They did not deliver a service with responsibility and care under the Consumer Rights Act 2015.
4. The judge may have also brought up the Unfair Contract Terms Act (I forgot the specific act name), but I don't remember if this was specific to the Consumer Rights Act or not.
5. The full claim amount was rewarded (minus any monies I ahd already recieved), and she allowed me to claim 8% interest on the damages, only from the date the claim was issued.

 

 

56 minutes ago, BankFodder said:

if you are referring to contacting EVRi next week – I would suggest that you leave it until you get a copy of the court judgement. The court has given them 21 days to pay. I would allow this time to elapse. Our previous experiences that they are pretty good at paying quickly but if by chance they don't pay then I would suggest that you put High Court enforcement officers in for a very quick and dramatic enforcement.

We will help you do this. It will cost you about £60 but you will get the money back.

I was talking about contacting the Court as its been 7 working days and I have yet to recieve any letter about the hearing/judgement. Also thanks for that information I did not know about the High Court enforcement officers - lets hope it does not come to this.

[dx100uk]

21 minutes ago, hasfar said:

lets hope it does not come to this.

we do.

it costs evri ever more money on top of the judgement sum in fees and commission/hceo interest on the sum etc etc.

 

[hasfar]

hahaha fair enough . I understand now

Edited July 22, 2023 by dx100uk
unnecessary previous post quote removed

[BankFodder]

Thank you very much indeed for this very detailed summary. It will be extremely helpful to other people and of course this is the first time we had a judgement in respect of the issue of third party rights.

This is a great step forward.

Naturally, keep us informed of any more developments.

Please do be aware that there is a slender chance that EVRi may be so unhappy about this result that they could seek to challenge it. Only about 5% chance that this will happen – but be aware.

If they settle or if the 21 days expires and we put in the sheriffs, then that will probably be the end of the matter

 

[hasfar]

Hello, so it's been 21 days now.

And EVRi has yet to pay.

I have been in contact with the court and they have yet to send me the order documents. I have sent an email about it but yet to hear back. The court tribunal service on the phone told me the court have not drafted the order letter as of yet ? 

This is all very confusing for me. But would I need to receive the order documents before proceeding with the sheriffs ? 

[BankFodder]

Yes, they need to see the judgement.

Write to the court – attention for the judge – name the judge in the address.

Ask the judge if they are able to intervene said that the judgement is expedited because it has been three weeks, you had no payment and you aren't able to execute the judgement that it hasn't been supplied to you by the court.

Sent this email to the court and say that you want a copy sent to the judge as well.

That may move them

[hasfar]

Thanks I have sent this am awaiting the response

[BankFodder]

Any update on this? If not then I suggest that you contact the court again – telephone them if possible – and tell them that the judgement hasn't been settled and you need a copy of the judgement in order to begin enforcement.

Maybe you could also ask them whether the transcript of the judgement has been approved.

[hasfar]

No response as of yet on either request. Unfortunately they don't seem to have anyone manning the phones. I've been on hold for a few hours before the call drops. 

I am taking a day off work next week to go down there in person. I will keep you updated. Thanks 

[hasfar]

I have now received the judgement letter stating for EVRI to pay what is due.

The Court clerks said that they will provde a transcript soon - they said the request for the transcript was why they held my judgement lette as they believed there was an appeal made. I did talk to them and explained in my email why I was requesting a transcript - which they said will be ready in 7 working days. 

What is the next steps for this process?

I have attacheed the judgement letter.

Judgement Letter - Copy.pdf

[BankFodder]

Contact the high court enforcement officers

High Court Enforcement Officers Association (HCEOA)

WWW.HCEOA.ORG.UK

---

The High Court Enforcement Officers Association represents & supports High Court Enforcement Officers...

Talk to them and make sure that even if they don't succeed that you will not carry any fees.

This is the normal arrangement but just double check.

It will cost you about 70 quid for the administrative side of the enforcement but you will get that back.

I suggest that you do that this afternoon or tomorrow.

 

[FTMDave]

Not very important in the grand scheme of things but I see there is an error in the judgement - it says the defendant attended the hearing but the claimant did not.

[BankFodder]

Well spotted.

Leave it to EVRi to have it corrected if they want.

It actually looks more damming this way because if the claimant didn't even bother to show up and the judge still found against EVRi  then it really says something

[hasfar]

Yes, I saw that. I thought it wasnt too relevant. It does sound pretty good that I didnt even have to attend to win the case.

So, I did contact the local HCEOA in my area for clarification around the fees that I would carry if they do not succeed. Some of them said only court fees are refundable and the others have yet to respond. Some of them have multiple services tiers (no idea what the actual difference is of yet), for eg a quote sent by email:

1. A payment of £161 for Bronze standard service which includes the court fee we pay on your behalf, £359 for Silver service which includes the court fee we pay on your behalf, or Gold Service at £659 which includes the court fee we pay on your behalf .

At the same time EVRI did send me an email, this morning, to confirm that they have recieved the judgement letter today and wanted my bank details. 

Would it be best to give EVRI my bank details or continue with the HCEOA?

[BankFodder]

as they have reacted, it is best to simply give them your bank details

[BankFodder]

I have just heard back from the court which has refused to give us a transcript as we are not a party.

I have just emailed you and asked you if you might make the application directly instead and we will reimburse you.

 

[hasfar]

I have just seen your email. I will fill out the form as soon as and let you know when Ive filled it out.

Thanks, also I will wait for EVRi to pay rather than involve the bailiffs. 

[BankFodder]

I have just responded to your email about the EX107 by email

[hasfar]

Thanks, I have sent you the updated one by email - let me know if I need to change anything else on the form.

[BankFodder]

Looks good. Thanks

[hasfar]

Thanks, I have now sent the court an email with the form - I will keep you updated on how it progresses.